Water Provider Sues Over Bolsa Chica
By The Orange County Register, Calif.
Jan. 10–A private water provider has sued the builder of the long-delayed Bolsa Chica housing project, saying that it, not the city of Huntington Beach, has the rights to provide water and sewer service to the new ocean-view homes, not the city of Huntington Beach.
Although the developer denied that the private server has the water-and-sewer-service rights for the proposed Brightwater project, it conceded Tuesday that the lawsuit could cause “substantial delay” to the development’s schedule.
At issue is whether California Coastal Communities Inc. of Irvine has the right to switch water providers for the 356-home Brightwater project on the upper mesa overlooking the Bolsa Chica wetlands.
The legal flap is the latest twist in a three-decade- old battle to build homes on the wetland mesa.
For years, environmentalists, and eventually, Huntington Beach officials opposed plans to build up to 5,700 homes in the wetlands area. When the city denied a request for water and sewer service, the builder turned to Golden State Water Co., a private water utility that supplies 75 cities and communities in 10 counties, according to court documents.
The water company got a permit from the state Public Utilities Commission on Brightwater’s behalf, then battled Huntington Beach in court for a “franchise” to build a seven-mile, underground water line from Cypress to Bolsa Chica.
California Coastal, however, ultimately won approval for a scaled-back project in a deal that transferred 103 acres into the Bolsa Chica Ecological Reserve.
Huntington Beach reversed itself and agreed to supply water service to the development, provided that California Coastal indemnify the city against legal action by Golden State.
Golden State sued for an injunction and damages. A hearing is scheduled for Jan. 22.
By Mary Ann Milbourn and Jeff Collins
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Copyright (c) 2007, The Orange County Register, Calif.
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